Archived
Does a creditor get a small % of unsecured debt (i.e. 10-20%) if you are named-among others-on a trust of a home w/50k equity
Malcolm's answer
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Answered on September 03, 2013
The subject of exemptions is a very important one in bankruptcy. What you have described is not accurate. There are limits on the exemption...
Archived
Can I lose my house filing chapter 7?
Malcolm's answer
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Answered on August 23, 2013
You didn't say if you're behind in your mortgage payments. If you are, the bank could foreclose and sell your house whether or not you filed a...
Archived
In chapter 13, 59 months, paying 250/mo. just got letter to dismiss due unfeasible? case will run 154 months,
Malcolm's answer
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Answered on August 18, 2013
There's not enough information to give you a good answer. What might have happened is that additional priority claims (taxes?) were filed that...
Archived
Is it difficult to amend a Chapter 13 plan since our mortgage payment is increasing next month?
Malcolm's answer
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Answered on August 11, 2013
This is a standard procedure, but possibly made more complex by the fact that your increased expenses of $300 per month is greater than your...
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Archived
I have two liens on my present home. Im making the payment to the 1st, but second lien was a SBA loan and it was for collateral
Malcolm's answer
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Answered on August 11, 2013
You didn't state clearly that you received a discharge of debts in your Chapter 7 bankruptcy. If you did received a discharge of debts, that would...
Archived
Regards tax debt resolution: ( IRS and CA FTB )- what factors affect choosing between a tax attorney and an Enrolled Agent ?
Malcolm's answer
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Answered on August 09, 2013
A tax attorney would know the most IRS options for you. In addition, a bankruptcy attorney would know about preventing a foreclosure and obtaining...
Archived
Question: "We have a property pending sale with three deeds of trust in Federal Bankruptcy Court, and a Superior Court Case"
Malcolm's answer
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Answered on August 03, 2013
I agree with attorney Carl Starrett. Please provide the following information:
- Have you filed a bankruptcy case, and if so what type and in what...
Archived
What stops a creditor from re-attaching a stripped lien judgment from a Chapter 20 bankruptcy since there is no discharge?
Malcolm's answer
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Answered on August 03, 2013
You've received two good answers to your question. I'll add that the term "Chapter 20 bankruptcy" refers to a Chapter 7 bankruptcy, with a...
Archived
Car Lease
Malcolm's answer
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Answered on August 01, 2013
You've received three very good answers to your question. I'll add that you would have to list the car lease in your bankruptcy filing, and your...
Archived
Will my husband be affected?
Malcolm's answer
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Answered on July 29, 2013
I assume you mean that you would trade in your present car when the two of you buy the new car. If you file a Chapter 7 individually and it goes to...
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